N.Y. General Municipal Law § 103-d: Statement of non-collusion in bids and proposals to political subdivision of the state

* § 103-d. Statement of non-collusion in bids and proposals to

political subdivision of the state. 1. Every bid or proposal hereafter

made to a political subdivision of the state or any public department,

agency or official thereof where competitive bidding is required by

statute, rule, regulation or local law, for work or services performed

or to be performed or goods sold or to be sold, shall contain the

following statement subscribed by the bidder and affirmed by such bidder

as true under the penalties of perjury: Non-collusive bidding

certification.

"(a) By submission of this bid, each bidder and each person signing on

behalf of any bidder certifies, and in the case of a joint bid each

party thereto certifies as to its own organization, under penalty of

perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without

collusion, consultation, communication, or agreement, for the purpose of

restricting competition, as to any matter relating to such prices with

any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been

quoted in this bid have not been knowingly disclosed by the bidder and

will not knowingly be disclosed by the bidder prior to opening, directly

or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce

any other person, partnership or corporation to submit or not to submit

a bid for the purpose of restricting competition. "

(a-1) Notwithstanding the foregoing, the statement of non-collusion

may be submitted electronically in accordance with the provisions of

subdivision one of section one hundred three of the general municipal

law.

(b) A bid shall not be considered for award nor shall any award be

made where (a) (1) (2) and (3) above have not been complied with;

provided however, that if in any case the bidder cannot make the

foregoing certification, the bidder shall so state and shall furnish

with the bid a signed statement which sets forth in detail the reasons

therefor. Where (a) (1) (2) and (3) above have not been complied with,

the bid shall not be considered for award nor shall any award be made

unless the head of the purchasing unit of the political subdivision,

public department, agency or official thereof to which the bid is made,

or his designee, determines that such disclosure was not made for the

purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or

tariffs covering items being procured, (b) has informed prospective

customers of proposed or pending publication of new or revised price

lists for such items, or (c) has sold the same items to other customers

at the same prices being bid, does not constitute, without more, a

disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or

any public department, agency or official thereof by a corporate bidder

for work or services performed or to be performed or goods sold or to be

sold, where competitive bidding is required by statute, rule,

regulation, or local law, and where such bid contains the certification

referred to in subdivision one of this section, shall be deemed to have

been authorized by the board of directors of the bidder, and such

authorization shall be deemed to include the signing and submission of

the bid and the inclusion therein of the certificate as to non-collusion

as the act and deed of the corporation.

* NB Effective until June 1, 2028

* § 103-d. Statement of non-collusion in bids and proposals to

political subdivision of the state. Every bid or proposal hereafter made

to a political subdivision of the state or any public department, agency

or official thereof where competitive bidding is required by statute,

rule, regulation or local law, for work or services performed or to be

performed or goods sold or to be sold, shall contain the following

statement subscribed by the bidder and affirmed by such bidder as true

under the penalties of perjury: Non-collusive bidding certification.

"(a) By submission of this bid, each bidder and each person signing on

behalf of any bidder certifies, and in the case of a joint bid each

party thereto certifies as to its own organization, under penalty of

perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without

collusion, consultation, communication, or agreement, for the purpose of

restricting competition, as to any matter relating to such prices with

any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been

quoted in this bid have not been knowingly disclosed by the bidder and

will not knowingly be disclosed by the bidder prior to opening, directly

or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce

any other person, partnership or corporation to submit or not to submit

a bid for the purpose of restricting competition. "

(b) A bid shall not be considered for award nor shall any award be

made where (a) (1) (2) and (3) above have not been complied with;

provided however, that if in any case the bidder cannot make the

foregoing certification, the bidder shall so state and shall furnish

with the bid a signed statement which sets forth in detail the reasons

therefor. Where (a) (1) (2) and (3) above have not been complied with,

the bid shall not be considered for award nor shall any award be made

unless the head of the purchasing unit of the political subdivision,

public department, agency or official thereof to which the bid is made,

or his designee, determines that such disclosure was not made for the

purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or

tariffs covering items being procured, (b) has informed prospective

customers of proposed or pending publication of new or revised price

lists for such items, or (c) has sold the same items to other customers

at the same prices being bid, does not constitute, without more, a

disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or

any public department, agency or official thereof by a corporate bidder

for work or services performed or to be performed or goods sold or to be

sold, where competitive bidding is required by statute, rule,

regulation, or local law, and where such bid contains the certification

referred to in subdivision one of this section, shall be deemed to have

been authorized by the board of directors of the bidder, and such

authorization shall be deemed to include the signing and submission of

the bid and the inclusion therein of the certificate as to non-collusion

as the act and deed of the corporation.

* NB Effective June 1, 2028